My reflections on Legal Aid in Kenya

Kenya is famous for its advance and ever growing legislative environment. With currently over 1000 pieces of legislation; it begs the question how is legal aid effected. Most citizens cannot afford a lawyer but perhaps the constitution of Kenya 2010 has opened the Pandora box; an individual can represent themselves before a court of law. However, this espouses the undue advantage of knowledge of the law and not. It has been reported that the “innocent” sometimes get convicted as a result of ignorance which is no defense in law.

Probably one of the most urgent tasks at this stage is the introduction of a comprehensive legal aid system. The Attorney general (Department of Justice) and the Kenya Law Reform Commission (KLRC) are currently in the process of reviewing the legal framework to adhere the constitution. Even though the Constitution guarantees equality before the law, a fair hearing and the right to legal representation, access to justice continues to be a challenge due to the cost of legal services.

It presupposes therefore, that only the removal of barriers to the provision of legal services by non-practising lawyers or a pro-borno legal aid system or one that is subsidized by NGOs, Interest Groups, Private of Government Sector can help the local afford justice! The following are a few areas that we can look at:

• Establishing suitable professional fee tariffs that take into account the rate of fees charged to indigent clients

• Mandatory obligation on all practising attorneys/lawyers to provide a determined level of pro bono services to indigent citizens per year as a condition for practice allowing entering into contingency fee arrangements between lawyers and client, where the client is indigent

• Allowing for the service of pupillage and articles in legal aid organizations that are recognized for the purpose of admission as lawyers or advocates of the High Court and other lower courts

• Provision of legal aid work by students of the university accounting for a compulsory component of their practical law course in the LLB Programme or Kenya School of Law

• Provision of a compulsory period of service by Pupil Counsels at the Kenya School of Law and Department of Justice prior to their engagement/admission as advocates of the High Court

Opinion by Otachi J. Orina (Ph.D_Candidate; Leadership and Governance)